S.B. No. 1395




AN ACT
relating to the establishment of high school diploma programs by Job Corps training programs under the United States Department of Labor. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle C, Title 2, Education Code, is amended by adding Chapter 18 to read as follows:
CHAPTER 18. JOB CORPS DIPLOMA PROGRAMS
Sec. 18.001. DEFINITIONS. In this chapter: (1) "Job Corps diploma program" or "diploma program" means a public school high school diploma program established and operated under this chapter. (2) "Job Corps training program" means any corporate entity authorized to do business in the state and currently under contract with the United States Department of Labor to operate a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.). Sec. 18.002. ESTABLISHMENT. (a) A Job Corps training program may establish a high school diploma program to operate public secondary schools at Job Corps facilities throughout the state. (b) A Job Corps diploma program established under this chapter is separate and distinct from the United States Department of Labor. Sec. 18.003. AUTHORITY. A Job Corps diploma program may offer a secondary school curriculum, a high school diploma program, and a General Educational Development program. Sec. 18.004. GOALS. The goals of a Job Corps diploma program are to: (1) serve at-risk students who have not been successful in a traditional school setting; (2) increase student success rates in obtaining and maintaining employment; and (3) decrease future societal costs by offering a high school diploma program to students who would benefit from Job Corps academic and vocational programs. Sec. 18.005. GOVERNANCE; LIMITATION ON POWERS; DUTIES. (a) A Job Corps diploma program shall be governed as provided by this chapter and policies established by the Job Corps training program operating the diploma program. Unless otherwise provided by this chapter, a provision of this code applicable to a school district does not apply to a Job Corps diploma program. (b) A Job Corps diploma program may not impose a tax. (c) A Job Corps diploma program shall: (1) develop educational programs specifically designed for persons eligible for enrollment in a Job Corps training program established by the United States Department of Labor; (2) coordinate educational programs and services in the diploma program with programs and services provided by the United States Department of Labor and other federal and state agencies and local political subdivisions and by persons who provide programs and services under contract with the United States Department of Labor; (3) provide a course of instruction that includes the required curriculum under Subchapter A, Chapter 28; (4) require that students enrolled in the diploma program satisfy the requirements of Section 39.025 before receiving a diploma under this chapter; and (5) comply with a requirement imposed under this title or a rule adopted under this title relating to the Public Education Information Management System (PEIMS) to the extent necessary to determine compliance with this chapter, as determined by the commissioner. Sec. 18.006. ACCOUNTABILITY. (a) The commissioner shall develop and implement a system of accountability consistent with Chapter 39, where appropriate, to be used in assigning an annual performance rating to Job Corps diploma programs comparable to the ratings assigned to school districts under Section 39.072. (b) In addition to other factors determined to be appropriate by the commissioner, the accountability system must include consideration of: (1) student performance on the secondary exit-level assessment instruments required by Section 39.023(c); and (2) dropout rates, including dropout rates and diploma program completion rates for the grade levels served by the diploma program. Sec. 18.007. ELIGIBILITY FOR CERTAIN PROGRAMS AND SERVICES. (a) Any person enrolled in good standing in a Job Corps diploma program who is not a high school graduate is eligible for programs or services under this chapter. (b) A person's eligibility for programs and services under this chapter does not exclude the person from being eligible for an educational program or service under any other chapter of this code. Sec. 18.008. GRANTS AND FEDERAL FUNDS. (a) A Job Corps diploma program may accept a grant from a public or private organization and may spend those funds to supplement programs and provide student services. (b) A diploma program may accept federal funds and shall use those funds in compliance with applicable federal law, regulations, and guidelines. Sec. 18.009. COSTS. (a) A Job Corps training program shall pay the cost of operating its diploma program. (b) The operating costs of a program may not be charged to a school district. Sec. 18.010. PROGRAM EMPLOYEES. (a) Job Corps diploma program employees are not considered employees of the state. (b) A diploma program may establish personnel policies as necessary to ensure its effective and efficient operation under this chapter. (c) A diploma program employee required under Chapter 21 to hold a certificate if employed by a school district must be certified in accordance with that chapter. SECTION 2. Subsection (b), Section 1.001, Education Code, is amended to read as follows: (b) Except as provided by Chapter 18, Chapter 19, Subchapter A, Chapter 29, or Subchapter E, Chapter 30, this code does not apply to students, facilities, or programs under the jurisdiction of the [Texas] Department of Aging [Mental Health] and Disability Services, the Department of State Health Services, the Health and Human Services Commission [Mental Retardation], the Texas Youth Commission, [the Texas Department of Human Services,] the Texas Department of Criminal Justice, a Job Corps program operated by or under contract with the United States Department of Labor, or any juvenile probation agency. SECTION 3. Subsection (a), Section 25.086, Education Code, is amended to read as follows: (a) A child is exempt from the requirements of compulsory school attendance if the child: (1) attends a private or parochial school that includes in its course a study of good citizenship; (2) is eligible to participate in a school district's special education program under Section 29.003 and cannot be appropriately served by the resident district; (3) has a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible and holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child's absence from school for the purpose of receiving and recuperating from that remedial treatment; (4) is expelled in accordance with the requirements of law in a school district that does not participate in a mandatory juvenile justice alternative education program under Section 37.011; (5) is at least 17 years of age and: (A) is attending a course of instruction to prepare for the high school equivalency examination, and: (i) has the permission of the child's parent or guardian to attend the course; (ii) is required by court order to attend the course; (iii) has established a residence separate and apart from the child's parent, guardian, or other person having lawful control of the child; or (iv) is homeless as defined by 42 U.S.C. Section 11302; or (B) has received a high school diploma or high school equivalency certificate; (6) is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if: (A) the child is recommended to take the course of instruction by a public agency that has supervision or custody of the child under a court order; or (B) the child is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.) [Job Training Partnership Act (29 U.S.C. Section 1501 et seq.), and its subsequent amendments]; (7) is at least 16 years of age and is enrolled in a high school diploma program under Chapter 18; (8) is enrolled in the Texas Academy of Mathematics and Science; (9) [(8)] is enrolled in the Texas Academy of Leadership in the Humanities; or (10) [(9)] is specifically exempted under another law. SECTION 4. This Act applies beginning with the 2005-2006 school year. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 1395 passed the Senate on April 28, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1395 passed the House on May 25, 2005, by the following vote: Yeas 144, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor